Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-05-18
INFoR NATION
.~...FoR....
OWNERS AND LOcATORs
....OF....
M Z M e. $S.-s
APPLICATION FOR PATENT.

tue record, aud can neither be withdrstu
eral Land Once. ~ un
An application will be rejected when tho
scIlptlon OF the premises is erroneous q,
sufficient.
| Application for pAtent will h.
cause: Ae1eO'ea be.
First The notice was published wi,bor.n
knowledge of the Register.
oooonu-ihe notice was not published in
newspaper designated as published nearest IT,
Third-Record title was found do,a,a..
and " oeiectve,
Fourth--A previous application had ho..
MADE 1or the same premises, which yss w,sh
drawn penuing q SUIT In Court commenced h,
the adverse claimant. W
An application for patent will be reio,..,
when the survey does not accurately defns ~
boundaries OF the claim.
Where the claim was not located in acco,a
ance with law. o0u'
Where several parties own Separate sna,,.
tinct portions of Il claim, spplicstion ~
patent may be made by either for tn AT nor.s.
OF the claim owned by him: but where so,s.i
parties " nndiVlded interests In . mining
patent. WIS
A person or association may purcb.so..
many placer locations NJ the local law sS.n,.s
and embrace them all in one application fo, :
patent.
Two or more lodss cannot ba ambr..o
one application for a patent except for nIsca,
claims embracing two or more lodes with,n
their boundaries n
Papers sworn to before any person purport.
ceiver cannot be recorded as evidence
In all patents for mining claims a,tn.4os
within the interior boundaries OF A town 49,
a clause Is inserted Excepting and eYeIndine
all town property, rights upon the snrssce
and all houses, buildings, structures ia,s
blocks, streets, alleys or other municipsl i'm
provements not belonging to the qrantee bsra
in, and all rights necessary or proper IN nc
occupation, possession and enjoyment Of tbe
same"
Publication Of notice must be made n onIv
one newspaper for the period Of 90 dsys.
Notice must be published 10 Consecutive
weeks in weekly newspapers. snd 10 daily
newspapers 90 days must elspse between ~
fret and last insertions.
Where the Register d esignstes the silyi ssue
Of q newspaper for publication Of notices Of a
mining application for patent Ii IL not a COM
pliance with law TO change to the weekly edi.
ton of the same paper without authority Of
the Register.
The existence Of o salt spring on . tract Of
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose of proving the agricultural
character Of such land IL not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must hle q senGratA and
distinct claim sgsiust each application which
IT is alleged conflicts with the premises owned
by such adverse claimant.
The papers f. All adverse claim, once fled,
cannot be withd avn, but becom es a part Of the
record.
When an adverse claim has been filed it can.
not be amended 81 So to embrace a larger per.
ton of the premises than that described In the
original adverse claim.
An adverse claim must be made out in
proper form and filed In the proper local Office
during the period of publication OF the spplt
cation for the patent to be effective.
1t Is the duty Of the adverse claimant
commence suit in proper form within the re
CURED time, and IL he trusts the uncertain
medium Of the United States mail he mus
abide the consequences, should the delsl
ensue, through misfortune or accident. Should
the failure to commence suit be the result o.
the corrupt or dishonest action Of his attorney
the Interior Department cannot redress thu
wrong.
An adverse claimant should set forth In de
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody.
ing conclusions Of law, without stating the
facts specially, will not he considered In evil
dence.
An adverse claimant should show a compli-
anee with the local laws In recording his claim
and In regard to expenditures, aud shall ME q
copy of the original notice Of his location, snd
show the nature or extent OF the conflict
alleged.
An allegation of parties TO a suit that they
compos the company is sufficient, and they
are not required to prove that they are tbs
original ~locstors or the identical parties who
present the adverse claim.
AGRIoULTuRAL or MINERAL LANDS.
Where land is OF little, If any value, for sgri'
cultural purposes, but Is essential TO the
proper development of mining claims, II
should be disposed of under the Mining Act,
Where lands containing valuable mineral
deposits have been included In an agricultursl
entry, said entry will be cancelled At any time
prior to issuance of patent, upon satisfactory
evidence Of the existence of such valuable de-
posits.
Where valuable deposits of mineral are dis
covered upon a tract after the same has been
entered as agricultural, but before ! ltent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be Cancelled TO
that portion of the land embraced by SAID
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
Issued to an Agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
celved in payment for claims.
ALIENS.
foreigner may make Q mining location
dispose OF 1t. provided he becomes q citizen
before disposing OF the mine. Proof that tne
party was not a citizen before disposing Of Dis
claim must DO afhrmAtively shown.
L~ocators and intermediate JSners. other
than applicants, will not be presumed aliens,
In the absence Of allegation or objection prior
to issuance of patent.
The portion Of q mining claim sold TO On
alien cannot be patented while such owner IL
an alien; but on HIS declaration o become .
citizen his right dates back to his purchase,
aud he may thereupon secure United STATES
patent for his claim.
CROSS LEDGEs.
Revised Statutes. Section 1886:
Where two or more lodges cross or interseo,
each other, priority Of title shall govern, ano
such prior location shall be entitled TO all ore
or mineral contsined within the space of inter
section, but the subsequent location shall nave
the right OF way through the space OF inter
section for the purpose of the convenient
working OF the mine. And where two or r1otvt
veins unite the Oldest or prior location shsI
take the vein below the point of union' IN
GLIDING all the space of intersection.
TUNNELS.
There is no authority of law for a tunnel
location 5000 by 800 feet. A proper locaton
Is the width of the unnel for 1900 feet. a.,
There Is no provision OF law for patehNns
tunnel locations, but lodes discovered In run
ming a tunnel may be patented In like manner
as other lodes.
NJ A aAHn1 NUnAr X u